Summary: The complainant requested various pieces of information relating to communications between the public authority and members of The Royal Household. The public authority withheld all of the information held on the basis of the exemptions at sections 41 (information provided in confidence), 37(1)(a) (Communications with The Royal Household), and 40(2) (Personal data). In the event the Commissioner found that any of the withheld information fell within the scope of environmental information, the public authority additionally sought to rely on the exceptions at regulations 12(5)(d) (the confidentiality of proceedings),12(5)(f) (the interests of the person who provided the information) and 13(1) (personal data). The Commissioner finds that most of the information held was correctly withheld on the basis of regulation 12(5)(f), and the remainder was also correctly withheld on the basis of section 41. However, he finds the public authority in breach of sections 17(1) (late reliance on an exemption from the duty to confirm or deny), 17(1)(b) (late reliance on exemptions from the duty to disclose), regulation 14(2) (late reliance exceptions from the duty to disclose).
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 41 - Complaint Not upheld, EIR 12.5.f - Complaint Not upheld, EIR 14 - Complaint Upheld